Crain v. Barnes & Fergusson
High Court of Chancery of Maryland
[By the last will and testament .of Samuel Bond, dated 8th July, 1818, Mary Clarissa Bond Barnes, was bequeathed a legacy of $3000, and also one-fourth of his slaves. John Barnes, her father, and surviving executor of the deceased, passed his first and final account on the 14th April, 1830, showing a balance of $38,33816 in his hands for distribution amongst the parties entitled.
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[By the last will and testament .of Samuel Bond, dated 8th July, 1818, Mary Clarissa Bond Barnes, was bequeathed a legacy of $3000, and also one-fourth of his slaves. John Barnes, her father, and surviving executor of the deceased, passed his first and final account on the 14th April, 1830, showing a balance of $38,33816 in his hands for distribution amongst the parties entitled. As guardian to his daughter, he was awarded by the Orphan’s Court a proportion of the slaves, estimated at $2337 50, and the pecuniary legacy of $3000. Mary C. B. Barnes, intermarried with William P. Compton, in the…
1Opinion of the Court
The Chancellor :
Considering this as the will.of the administrators of Mrs. Compton, and that the right to recover, if it exists at all, is in them, it is a proceeding, the representatives of a ward, against the executors of a guardian, to recover a legacy which had been bequeathed the ward, and which the guardian in that capacity had received from the executors of the testator, by whom the bequest was made.
It is a bill, then, in equity, by a ward against her guardian— that is by a cestuique trust, against the trustee. The relation of guardian and ward constituting, as Mr. Justice Story says,…
2Cases cited4 opinions
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Chalmers v. ChambersCourt of Appeals of Maryland · 1823
- Bentley v. CowmanCourt of Appeals of Maryland · 1834
- Drury v. ConnerCourt of Appeals of Maryland · 1827
3Cited by9 opinions
- Allen v. ConklinMichigan Supreme Court · 1897
- Hanley v. StulmanCourt of Appeals of Maryland · 1989
- Findlay v. Baltimore Trust & Guarantee Co.Court of Appeals of Maryland · 1903
- Harris v. HarrisCourt of Appeals of Maryland · 1957
- Sweeny v. WilliamsSupreme Court of New Jersey · 1883
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